Proceeds of Crime Act 2002
Note:
See section 14M .
View history note
Hide history noteAn official specified in subclause (3) of a *participating State or *self-governing Territory may give a written notice to a *financial institution requiring the institution to provide to an *authorised State/Territory officer of the participating State or the Territory any information or documents relevant to any one or more of the following:
(a) determining whether an *account is or was held by a specified person with the financial institution;
(b) determining whether a particular person is or was a signatory to an account;
(c) if a person holds an account with the institution, the current balance of the account;
(d) details of transactions on an account over a specified period of up to 6 months;
(e) details of any related accounts (including names of those who hold or held those accounts);
(f) determining whether a *stored value card was issued to a specified person by a financial institution;
(g) details of transactions made using such a card over a specified period of up to 6 months;
(h) a transaction conducted by the financial institution on behalf of a specified person.
12(2)
The official must not issue the notice unless the official reasonably believes that giving the notice is required:
(a) to determine whether to take any action under the *unexplained wealth legislation of the State or Territory; or
(b) in relation to proceedings under the unexplained wealth legislation of the State or Territory.
12(3)
The officials of a *participating State or *self-governing Territory who may give a notice to a *financial institution are:
(a) the Commissioner or head (however described) of the police force or police service of the State or Territory; or
(b) the Director of Public Prosecutions, or a person performing a similar function, appointed under a law of the State or Territory; or
(c) if New South Wales is a participating State - the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or
(d) for a self-governing Territory - a person of a kind prescribed by the regulations in relation to the Territory.
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